NEW DELHI: The Gujarat government on Monday opposed before the Supreme Court to bail pleas by some convicts sentenced to life imprisonment in the 2002 Godhra train coach-burning case, saying it was not simply a case of stone throwing as they bolted the train, which was set on afire, leading to death of 59 people, including children.
Solicitor General Tushar Mehta, representing the Gujarat government, submitted before a bench of Chief Justice of India D Y Chandrachud and Justices P S Narasimha and J B Pardiwala that it was not a matter of stone throwing at the bogey of the Sabarmati Express, instead the convicts had bolted the bogey, which resulted in death of many passengers on the train.
“Some are saying their role was just stone pelting. But when you lock a bogey from outside, light it on fire and then pelt stones, it is not just stone pelting," Mehta said.
He said it was “the most heinous offence” in which 59 people, including women and children were burnt alive and there was a need to hear the appeals of the convicts at the earliest.
Senior advocate Sanjay Hegde, representing some of the convicts, submitted that the state government has filed appeals in the cases of certain convicts whose capital punishment was commuted to life sentence by the Gujarat High Court.
He sought parity with another convict who was granted bail by the top court in the matter.
As many as 27 convicts have approached the court, seeking bail on the terms and conditions of their co convict, Faruk.
The bench issued notice to the state government on the bail pleas of Abdul Raheman Dhantia alias Kankatto, Abdul Sattar Ibrahim Gaddi Asla and others.
The court also asked Mehta to segregate the convicts in terms of their sentences as to how many were awarded death penalty and how many life term.
On December 15, 2022, the top court granted bail to one of the accused, Faruk in the 2002 Godhra train burning, which triggered communal riots in Gujarat.
The court had then noted that the convict had been in prison for 17 years and his role was throwing stones at the train.
His appeal against conviction was pending before the top court.
In March 2011, the trial court had convicted 31 persons, out of which, 11 were sentenced to death and 20 were sentenced to life. 63 accused were acquitted.
In October 2017, the Gujarat High Court upheld the conviction of all but commuted the death sentence of the 11 accused to life imprisonment.
On February 27, 2002, 59 people were killed when the S-6 coach of Sabarmati Express was burnt at Godhra.
